A lawyer for Mr. Asante Berko, a former Managing Director of Tema Oil Refinery, Ghana, has rejected media reports suggesting that his client was found guilty of paying bribe to Ghanaian officials to facilitate a contract for a Turkish energy company which wanted to build a power plant in Ghana.
According to the lawyer, the client never admitted or denied any wrong doing.
“Mr. Berko recently settled a case with the Securities & Exchange Commission of U.S without admitting or denying the allegations in the SEC’s complaint. Neither the SEC nor the court found Mr. Berko guilty,’’ a statement from Carl H. Loewenson, Jr, a Partner at Morrison & Foerster LLP in New York, USA, said.
Mr. Berko, a former executive of Goldman Sachs was charged by SEC in an April 2020 civil lawsuit with facilitating as much as $4.5 million in bribes to help a Turkish energy company win a contract to build a power plant in Ghana.
He subsequently resigned his position as Managing Director of TOR to contest the claim by SEC.
According to the lawyer, SEC, in their complaint, alleged that Mr Berko had received $2 million as compensation from a Turkish energy company “for arranging the bribery scheme.
“The SEC sought disgorgement of those allegedly “ill-gotten gains,” plus interest, plus a monetary penalty. Even before Mr. Berko responded to SEC’s complaint, SEC agreed to settle for disgorgement of $275,000 (plus interest), with no penalty.
“No one found Mr. Berko guilty. Mr. Berko settled with SEC and the SEC’s case is now closed,’’ the statement concluded.
Source:www.energynewsafrica.com